128.7 Sanctions Sustained Against Attorney Failing to Properly Appeal.
The next sanctions case has a couple of valuable lessons. It is MJB Development Group v. Diamond Escrow, Case No. D053158 (4th Dist., Div. 1 Feb. 10, 2010) (unpublished).
Lesson #1—a sanctioned attorney must appeal the sanctions award. Although attorney’s client also appealed, this did not confer jurisdiction on the Court of Appeal to consider attorney’s challenge to the $10,000 award under CCP § 128.7. (Laborde v. Aronson, 92 Cal.App.4th 459, 465 (2001), disapproved on another ground in Musaelian v. Adams, 45 Cal.4th 512 (2009).)
Lesson #2—unless responsible for a violation, a represented party cannot be sanctioned for violations of section 128.7(b)(3) [making allegations or other factual contentions lacking evidentiary support]. (Laborde, supra, 92 Cal.App.4th at 466.) Because the record was devoid of evidence showing the party was responsible for a 128.7(b)(3) violation, the sanctions order against client had to be reversed. Laborde also establishes that a represented party cannot be sanctioned under section 128.7(b)(2).